Inspector of Detention Services Act 2022

For preparing a report under section 22(1) or (2), the inspector must consider whether any information in the report must be kept confidential because—

there are public interest considerations against disclosing the information; and

those considerations outweigh the public interest in favour of disclosing the information.

There is a public interest against disclosing the information if disclosing it could reasonably be expected to have any of the following effects—

undermining security or good order at a place of detention;

helping anyone in escaping or attempting to escape from detention;

prejudicing national security;

revealing or tending to reveal the identity of a person disclosing information to the inspector or undermining the future supply of information to the inspector;

identifying or allowing the identification of—

any person who is, or was, detained at a place of detention; or

a relative of a person mentioned in subparagraph (i);

undermining any system or procedure for protecting the life, health or safety of a detainee at a place of detention;

identifying or allowing the identification of a corrective services officer, police officer (including a watch-house manager), watch-house officer, youth justice staff member or another person who is, or was, working at a place of detention;

undermining any system or procedure for protecting the life, health or safety of a person mentioned in paragraph (g) who is working at a place of detention.

The following matters must not be taken into account in deciding whether there is a public interest against disclosing the information—

causing embarrassment to, or a loss of confidence in, the Government;

the possibility that the information may be misunderstood or misinterpreted by a person.

In this section—

corrective services officer see the Corrective Services Act 2006, schedule 4.

national security means national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth).

youth justice staff member see the Youth Justice Act 1992, section 59B.